Identify the right to protect before choosing how to assert it
The first step is not automatically to sue. It is to confirm the legal right, the infringement record, whether harm is continuing and which court or process can provide effective relief. A party accused of infringement likewise needs to assess validity, scope and available defenses.
Focus matters
- Patent infringement, validity, licensing and technical-scope disputes
- Trademark infringement, counterfeiting, confusion, dilution and false advertising
- Copyright disputes involving software, websites, images, video and other works
- Trade secrets, source code, customer information and confidentiality agreements
- Unfair competition, employee solicitation and related commercial disputes
- ITC Section 337 investigations and import restrictions
A framework for urgent matters
Preserve evidence
Capture pages, product samples, sales records, source files, access logs and communications so that source and timing can be shown.
Evaluate temporary relief
When harm is expanding, assess cease-and-desist demands, temporary restraining orders, preliminary injunctions, platform or customs action and other emergency relief.
Build the durable resolution
Compare licensing, cessation, damages, settlement, litigation and enforcement against the client’s product, brand and market plan.
Before a consultation
Rights owners should bring registration, application, creation and use records. Accused parties should bring the demand, product materials, development sources and sales records. Preserve original electronic files.